A long time business and divorce client referred me a friend of his who had been arrested for drunk driving and charged as a fourth offender. He was facing mandatory one year incarceration if convicted and a ten year license revocation. The client was, to say the least, petrified.
Attorney Harris-Baker and I met with the client and took a very detailed facts statement. I visited the scene, took photographs, reviewed the area from all angles and recreated the event. I interviewed eight witnesses and visited the drinking establishment the client visited on the night in question.
Having gathered all the relevant factual data, Attorney Harris-Baker and I went to work on the legal side of the case. My work as a former prosecutor and experience in trying over one hundred OUI/drunk driving cases, some as a prosecutor and others as a defense attorney, told me this case required us to pursue a Motion to Suppress as the initial motor vehicle stop was in violation of the client’s Constitutional rights pursuant to the Fourth Amendment as the officer lacked reasonable suspicion based upon the law and facts.
We drafted a Motion to Suppress and after an evidentiary hearing before the court, the judge agreed with us, and as the Commonwealth had no evidence to introduce as it was suppressed, the court dismissed the case and after another hearing, reinstated the client’s rights to operate.
In this case I was convinced after exhaustive preparation that the client was not operating under the influence on the night in question and the officer made a mistake.